Refusal to live together and bail - The court permitted bail for accused No.1 in a case involving assault under sections 323 and 302 IPC, with investigation completed and charge sheet filed. ASHWINI VS STATE OF KARNATAKA - Karnataka
Section 302 IPC and circumstantial evidence - The prosecution's case relies on circumstantial evidence; the Supreme Court emphasized that absence of persuasive evidence of the accused's presence at the crime scene renders conviction difficult. The law requires clear evidence linking the accused to the crime. Rajjo Satnmai Son of Govindram Satnami VS State of Chhattisgarh - Chhattisgarh
Right to access justice & Section 302 IPC - The Supreme Court reaffirmed that access to justice is a fundamental right. Section 302 IPC prescribes punishment for murder, with the Court noting the importance of a fair trial and the need for retrial if circumstances warrant. Sunil Kumar VS State - Delhi
Conviction for murder & evidence - In a case where Ramjan Khan was convicted of his wife's murder under Section 302, the High Court upheld the conviction based on eyewitness testimony, recovery of weapon, and medical evidence. The appellate court dismissed the appeal, affirming the trial court's decision. Ramjan Khan S/o Gheesu Khan, by caste Moyla Musalman, Resident of Artiya, District Pali (Raj. ) VS State of Rajasthan - Rajasthan
Petitions and High Court judgments - A petitioner challenged a High Court order in Kerala regarding urban development issues; Supreme Court dismissed the SLP, indicating the importance of proper legal channels and the finality of High Court judgments. Director General CPWD, Nirman Bhavan, New Delhi VS K. S. Rao, Rtd. Executive Engineer [Electrical] - Andhra Pradesh
Supreme Court decisions on wages and allowances - The Court held that Night Shift Allowance, Heat, Gas, Dust allowances, and even milk allowance qualify as wages, emphasizing that such allowances are protected under wage laws. Employees State Insurance Corporation VS Kesoram Industries Limited - Calcutta
Scope of FIR and investigation - The Supreme Court clarified that investigation is an exclusive domain of the Investigation Officer, and courts should not interfere unless investigation violates legal procedures. The Bhajan Lal guidelines were referenced regarding FIR quashing. Jagdeo s/o. Mahadeo Akhare VS State of Maharashtra Through its Principal Secretary, Home Department, Mantralaya - Bombay
Legal challenges to employment termination - Cases involving the challenge of termination orders in Tripura were consolidated for judgment, with issues surrounding notices and procedural compliance being central. The Court examined whether proper notices were issued and if the orders adhered to legal standards. Gouranga Chandra Sarkar S/o Late Monoranjan Sarkar VS State of Tripura, Represented by the Secretary to the Government of Tripura, Fishery Department - Tripura
The sources collectively highlight key principles from Supreme Court jurisprudence, including the necessity of clear evidence for murder convictions, the protection of workers' wages, the importance of access to justice, and the proper scope of judicial interference in investigations and administrative decisions. Notably, the Court emphasizes the significance of circumstantial evidence standards, the protection of wage rights, and adherence to legal procedures in investigations and employment matters.
References: - ASHWINI VS STATE OF KARNATAKA - Karnataka - Rajjo Satnmai Son of Govindram Satnami VS State of Chhattisgarh - Chhattisgarh - Sunil Kumar VS State - Delhi - Ramjan Khan S/o Gheesu Khan, by caste Moyla Musalman, Resident of Artiya, District Pali (Raj. ) VS State of Rajasthan - Rajasthan - Director General CPWD, Nirman Bhavan, New Delhi VS K. S. Rao, Rtd. Executive Engineer [Electrical] - Andhra Pradesh - Employees State Insurance Corporation VS Kesoram Industries Limited - Calcutta - Jagdeo s/o. Mahadeo Akhare VS State of Maharashtra Through its Principal Secretary, Home Department, Mantralaya - Bombay - Gouranga Chandra Sarkar S/o Late Monoranjan Sarkar VS State of Tripura, Represented by the Secretary to the Government of Tripura, Fishery Department - Tripura
Refusal to live together - The court allowed the petition for bail filed by accused No.1 in a case of assault under section 323, 302 ... ORDER : ... This petition is filed by accused No.1 in Crime No. 463/2016 registered by the Ramamurthy Nagar police, under section 323, 302 r/w 34 of Indian Penal Code. The investigation has been completed and charge sheet has been laid before 10th Addl.
Indian Penal Code,1860 - Section 302 - Code of Criminal Procedure, 1908 - Section 161 - Evidence Act - Section ... Case of the prosecution is based on circumstantial evidence and as per the law laid down by the Hon'ble Supreme Court in the case of Jaharlal Das Vs. ... Sub-Inspector of Police, Koyilandy and Another, reported in 2016 (10) Supreme Court Cases 519, it is held by Hon'ble Apex Court that in absence of any persuasive evidence to hold that at the relevant time the appellant was present in the house, it would also be impermissible....
The Supreme Court in the decision reported as (2012) 2 SCC 584 Mohd. Hussain Vs. ... Dattu noted that the right of access to justice was a fundamental right as explained in several earlier decisions of the Supreme Court including the decisions reported as (1978) 3 SCC 544 M.H. Haskot Vs. ... Section 302 IPC authorises the court to punish the offender of murder with death or life imprisonment. ... Justice is supreme. The retrial of the appellant, in our opinion, in the facts and circumstances, is indispensable. It is impe....
CRIMINAL APPEAL - MURDER - SECTION 302 IPC - CONVICTION - EVIDENCE - EYE-WITNESS TESTIMONY - RECOVERY OF WEAPON OF OFFENCE - MEDICAL ... the Case: The appellant, Ramjan Khan, was convicted by the trial court for the murder of his wife, Khairun, under Section 302 ... Decision: The High Court dismissed the appeal and upheld the conviction of the accused for the offence of murder under Section 302 ... The learned trial court framed charge against the accused appellant on the basis of evidence on record under Section 302 o....
Being aggrieved, the petitioner therein has taken up the matter to the Hon’ble Supreme Court in SLP.[Civil] CC.No.4396 of 2006 from the judgment and order dated 23/3/2005 in WP.No.9576 of 2005 of the High Court of Kerala at Ernakulam. However, the same was dismissed, vide orders dated 05/7/2006. ... UOI & ORS.] and the Office Order No.30/30/2016-EC.1 (B)/EW-1, Government of India, Ministry of Urban Development [Works Division], dated 08/06/2017.
In respect of the aforesaid submissions, learned senior counsel has referred to the decisions of the Supreme Court in the cases of Olga Tellis and others v. Bombay Municipal Corporation and others, AIR 1986 SC 180, Indian Bank v. ... State of Madhya Pradesh and ors, AIR 2017 SC 2858. ... 5.
Hon’ble Supreme Court has held that by carrying those injuries, he is bound to suffer loss of earning capacity as a painter and a consequential loss of income is the natural outcome. ... 12. ... Learned counsel for the appellant placed reliance on the judgement passed by the Hon”ble Supreme Court in the case of Rajan v. Soly Sebastian & Another reported in (2015) 10 SCC 506 and Jakir Hussain v. Sabir & Ors. reported in (2015) 7 SCC 252.
.- ESIC, the Hon’ble Supreme Court has held that Night Shift Allowance, Heat, Gas and Dust Allowance are wages and therefore, on the same analogy, milk allowance will also qualify as wages.
The Supreme Court in the case of State of Haryana Vs. Bhajan Lal [cited supra] held that, in following categories the Court would be able to quash the F.I.R. ... 108. ... The Supreme court in the case of State of Haryana Vs. Bhajan Lal [cited supra], has made specific observations that investigation is an exclusive domain of the Investigation Officer, and as long as investigation is in accordance with law, there cannot be interference by any other person or Court. ... In that context, the Supreme Court while explaining the scope of Sectio....
In WP (C) No. 1225 of 2016, the termination order dated 28.10.2016 [Annexure-17 to the writ petition] in respect of Gauranga Chandra Sarkar has been challenged whereas in WP (C) 170 of 2017 the order No. ... State of Tripura and Others] and WP (C) No. 170/2017 [Smt. Pratima Sarkar vs. State of Tripura and Others] are consolidated for disposal by common judgment for the reason that by the common final order dated 19.10.2016 under No. ... However, it has not been denied that the Vigilance Officer issued notice on 30.10.2004 so far the petitioner in WP (C) No....
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